Terms of Sale

Effective as of: January 1st 2015    

These Terms of Sale are part of the agreement between Monday Sessions Media, Inc. ("MSM", "we", "us" or "our") and each visitor or registered user, as the case may be (each, a "user" or "you") concerning the purchase of an item directly from CheeseheadTV.com.

We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the CheeseheadTV.com. You agree to be bound to any changes to this Agreement when you use CheeseheadTV.com after any such modification is posted.

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

1.      Assent to Other Agreements.  You agree to our current Terms of Use and Privacy Policy.

2.     Purchaser Requirements.

    A.     Accurate Information.  You agree that all information you submit, such as name, address, and payment information, concerning the sale is truthful and accurate; and you represent and warrant that you are authorized to use the payment information.

    B.     Age and Payment Type. You agree that you are over 18 years of age and that you possess a valid credit or debit card issued by a bank acceptable to us and that there are sufficient funds to cover the cost of the goods.

3.    Order.  We retain the right to refuse any order made by you.  All orders are subject to availability and confirmation of the order price.

4.     Sale.  Until you have received a receipt, the sale of the item has not yet been completed.  You authorize us to immediate bill your payment information for the cost of the item, and any shipping costs (which are non-refundable).

4.     Return Policy.  You have 30 days from the date of purchase, which is the date upon which your payment information was billed for the purchase, to return an item. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To request a return, please e-mail us at [email protected].  Before an item may be shipped to us, we need to provide you with a return authorization code.  Any item returned without such a code will not be accepted.  Further, you are responsible for paying for your own shipping costs for returning your item. Additionally, we suggest that when you return an item you sent it with some form of tracking.

5.     Refund Policy.  Once your item is received and inspected, we will send you an email to notify you that we have received your item. We also will notify you of the approval or rejection of your refund.  If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment.  Please note that the original shipping costs are non-refundable.  

6.     Exchange Policy.  We will only replace an item if it is damaged or defective.  If you need to exchange an item, please send us an email at [email protected].  To be eligible for an exchange, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Before an item may be exchanged, we need to provide you with an exchange authorization code. Any item shipped to us without such a code will not be accepted. Further, you are responsible for paying for your own shipping costs for exchanging your item (we suggest that when you return an item you sent it with some form of tracking). Once your item is received and inspected, we will send you an email to notify you that we have received your item. If eligible, we will ship your replacement item, using a method of our choice. Depending on where you live, the time it may take for your exchanged item to reach you, may vary.

7.     Mispriced Item.   If an item is mispriced during the sale transaction, we will notify you and offer you the opportunity to cancel the transaction.  If you cancel the transaction, a credit will automatically be applied to your original method of payment.  If you accept the correct price, then you authorize us to bill your payment information for the difference in pricing.

8.     No Warranty.  ALL ITEMS ARE SOLD "AS-IS". WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED CONCERNING THE ITEM INFORMATION.  WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, AVAILABILITY, CORRECTNESS, AND FITNESS FOR A PARTICULAR PURPOSE.

9.     Limitation of Liability. In no event, whether based on contract, warranty, tort or otherwise shall we be liable for any consequential, indirect, incidental or punitive damages. OUR TOTAL LIABILITY IN RESPECT OF ANY AND ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATION UNDER THIS AGREEMENT, SHALL NOT EXCEED THE PRICE OF THE ITEM.

10.     Governing Law; Venue.  You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York.  You hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

11.     General.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.